3 A.D.2d 883 | N.Y. App. Div. | 1957
Appeal from an order of the County Court of Franklin County which denied defendant’s motion to vacate a judgment of conviction for the crime of burglary in the third degree, entered upon a plea of guilty. The proceeding herein was in the nature of coram nobis. In April, 1935 an indictment was returned against appellant in the Supreme Court of Franklin County which charged him with having committed the crime of burglary in the third degree on or about March 4, 1935. On May 25, 1936 appellant pleaded guilty to the crime charged in the indictment. Sentence was suspended and he was placed upon probation for two years. On December 7,1936 the probationary part of the sentence was revoked and the appellant was sentenced to Elmira Reformatory at Elmira, New York according to law. On June 13, 1955 appellant was convicted in the County of St. Lawrence of the crime of attempted grand larceny in the second degree upon a plea of guilty, and thereupon sentenced as a second felony offender. In this proceeding appellant seeks to have his first conviction vacated on the ground that he was not informed of his right to counsel. The refusal of the County Court in this proceeding to' grant the relief requested by appellant was made after a hearing at which appellant testified and was represented by counsel. On this hearing he testified that he could not recall whether the court advised